ADA

Failure to accommodate depression costs $75,000

09/04/2019

A Dallas-area defense contractor has agreed to settle charges it violated the ADA when it refused to accommodate an engineer’s depression.

Removal from dangerous duty brings ADA suit

08/29/2019

A federal court has reinstated a Georgia police detective’s case against her employer after she produced evidence the police department regarded her as disabled when she was not.

Prepare to reasonably accommodate medical testing

08/23/2019

Don’t assume that someone who appears healthy and has been successfully performing his job isn’t disabled while undergoing medical tests.

ADA covers temporary disabilities, too

08/15/2019

The ADA was enacted 18 years ago, but it’s still one of the most misunderstood employment laws. The hard part isn’t necessarily determining how to accommodate disabled employees. It’s figuring out which employees are disabled.

Classic ADA accommodation: Adjust work schedule

07/19/2019

Schedule changes may be inconvenient, but they’re an easy way to accommodate many disabilities. Courts aren’t likely to sympathize with employers that refuse to adjust a disabled employee’s schedule.

ADA: Obesity isn’t a disability … or is it?

07/18/2019

More than one-third of American adults—some 72 million people—are obese, according to the Centers for Disease Control and Prevention. But generally, obesity alone does not qualify as a disability under the ADA. A recent federal appellate court decision agrees with that premise.

Warn bosses: No comments on worker health

07/16/2019

Supervisors sometimes say things that are clearly best left unsaid—such as fears that an employee’s protected characteristics or activities might cost the company money!

Poor review alone isn’t enough to win lawsuit

07/11/2019

Employees generally must show they suffered an adverse employment action before they can win a discrimination lawsuit. Merely receiving a poor evaluation, without other consequences, isn’t enough.

Focus reviews on performance, not emotions

07/09/2019

When you evaluate an employee who isn’t living up to performance expectations, avoid commenting on her emotional state. Focus on objective criteria like unmet goals or sales quotas. Otherwise, you risk a lawsuit claiming discrimination on the basis of disability.

How the ADA treats alcoholism and addiction

07/03/2019

Dealing with an employee who is struggling with alcohol or drug abuse is one of HR’s most difficult issues. Don’t make a delicate task even harder by running afoul of the ADA.

ADA